CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW

Mihaela Agheniţei
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Mihaela Agheniţei: Faculty of Law and Public Administration

Contemporary Legal Institutions, 2012, vol. 4, issue 1, 103-108

Abstract: The confiscation of proceeds of crime has long been seen within the European Union and beyond as an important tool in the armory of weapons to fight organized crime. The rationale for focusing on the confiscation of criminal proceeds is at least two- fold. First it addresses concerns that enormous criminal wealth, generated most notably by various forms of trafficking offences, risks destabilizing financial systems and corrupting. As such the confiscation of criminal assets seeks ultimately to reduce and prevent crime by making known that criminals will not be allowed to legitimate society. Second it attempts to undermine the “raison d'être” behind most organized crime activity, namely the maximization of profit by illicit means. As such the confiscation of criminal assets seeks ultimately to reduce and prevent crime by making known that criminals will not be allowed to enjoy their illicit wealth. By the same token, focusing on confiscation of criminal wealth can send an important message by removing negative role models from local communities.

Keywords: “criminal proceeds”; “confiscation”; “reduce and prevent”; “the European Union criminal law”; “Joint Action and Framework Decision” (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:rau:clieui:v:3:y:2012:i:1:p:103-108

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